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Allstate Ins. Co. v Caggiano
2005 NYSlipOp 50750(U)
Decided on May 19, 2005
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 19, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: RUDOLPH, P.J., McCABE and TANENBAUM, JJ.
2004-1107 S C

ALLSTATE INSURANCE COMPANY A/S/O SALVATORE DAMATO, Respondent,

against

JOSEPH CAGGIANO AND TERRY CAGGIANO A/K/A TERRY FOX, Appellants.


Appeal by defendants from an order of the District Court, Suffolk County (P. Barton, J.), dated May 19, 2004, denying their motion to compel plaintiff to produce its subrogor for an examination before trial.


Order unanimously reversed without costs, defendants' motion to compel granted and plaintiff is directed to produce its subrogor for an examination before trial within 60 days of the date of the order entered hereon.

Plaintiff commenced this subrogation action to recover $4,978.23 for "economic loss in excess of 'basic economic loss'" for injuries its subrogor sustained in an accident on November 10, 1997. In February 2004, defendants moved to compel plaintiff to produce its subrogor for an examination before trial. Said motion was denied by the court below, and this appeal ensued.

A review of the record indicates that plaintiff did not object to the examination before trial but merely attempted to re-schedule same. Defendant made the instant motion and would not agree to the re-scheduling. In view of the foregoing, defendants' motion to compel is granted, and plaintiff is directed to produce its subrogor for an examination before trial, at a location of plaintiff's choice in Suffolk County, within 60 days of the date of the order entered hereon.
Decision Date: May 19, 2005